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Monday, April 3, 2017

Gov't expands definition of sexual offences

Putrajaya has sought amendments to the Penal Code to expand the definition of sexual offences, which was currently limited to penile penetration.
Under the proposed amendments to Section 377CA, the use of any other body parts by a perpetraitor of a sexual assault can now face prosecution.

"If there is a case for any offence involving sexual connection by object under Section 377CA, involving any part of the body, such as finger and tongue, prosecution can be instituted under the same section of Penal Code," read the explanatory notes for the bill.

Putrajaya contends that the amendments was in line with a Court of Appeal ruling (Shafiee Awang vs PP) where it was decided that the "finger" was included in the definition of "object" under Section 377CA.

"The proposed amendment is done for the purpose of clarification," read the explanatory notes.

The bill to amendment Section 377CA of the Penal Code was tabled today by de facto Law Minister Azalina Othman Said.

In 2015, there was public outcry over the acquital of "finger rapist" Bunya Jalong, who was accused of impregnating a 15-year-old girl.

Penile penetration could not be established, although the accused admitted to penetrating the girl with his finger.